Prior communication

What is prior communication

Prior communication is one of the forms of prior control carried out by local authorities for the execution of private works of construction, reconstruction, expansion or alteration of buildings.

The advantage of the prior communication vis-à-vis licensing is that duly instructed allows the person concerned to carry out the works immediately after the payment of the fees due in the corresponding chamber, without the practice of any permissive acts.

However, it is mandatory to submit joint architectural projects and specialities, as well as and if external entities are consulted, their favourable opinions are delivered. It should be added that the construction company should already be selected as it will be necessary to present together the documents of the contractor, the technical director of work and the supervisory director.

However, not all projects can be subject to this type of procedure, so you must first ensure that the work you want to carry out falls within the scope of this regime, in accordance with Article 4(4) of the current Legal Regime for Urbanization and Construction.

Who should make the advance communication

In the delivery of the process of prior communication of any urban operation, the applicant will have to prove the legitimacy of his interest, i.e., prove that he has the right to do the works in a particular property. For this, the person concerned should be included in one of the 4 situations that arise:

  • Be the owner of the property;
  • To be the owner of the property (whether a natural person, companies, foundations, associations or condominiums);
  • Be a tenant of the property and have express authorization from the owner to carry out the work in question;
  • Be the promitent-buyer of the property and have express authorization from the owner to carry out the work in question;

It should be noted in conclusion that opting to provide prior communication to the detriment of a licensing application is always optional, but if well instructed it may allow time to be gained.